Paralegal and Professional Responsibility

1. Paralegal and Professional Responsibility Fall 2013

2. What is a paralegal? • Qualified • Education • Training • Work experience • Perform legal work • Delegated • Substantive • Lawyer is responsible

3. Professional Organizations • PASCCO • http://www.sccba.com/pascco/ • NALA • NFPA • CAPAhttp://www.CAPAralegal.org

4. National Paralegal Associations National Association of Legal Assistants (www.nala.org) NALS (www.nals.org) National Federation of Paralegal Associations (www.paralegals.org)

5. Paralegal Profession • Legal assistants, also known as paralegals, are a distinguishable group of persons who assist attorneys in the delivery of legal services. Through formal education, training and experience, legal assistants have knowledge and expertise regarding the legal system and substantive and procedural law which qualify them to do work of a legal nature under the supervision of an attorney.(NALA)

6. California Definition • ‘‘Paralegal’’ means a person who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation. • Calif. Bus. And Prof. Code §6450. (a)

7. California, cont. • 6454. The terms ‘‘paralegal,’’ ‘‘legal assistant,’’ ‘‘attorney assistant,’’ ‘‘freelance paralegal,’’ ‘‘independent paralegal,’’ and ‘‘contract paralegal’’ are synonymous for purposes of this chapter.

8. Regulation of Paralegals in California • Business and Professions Code 6450-6456 • Educational/Experience Requirements • Certificate from ABA approved program • Certificate from non-ABA program if program requires 24 semester units in law classes • B.A. Degree + 1 year experience + certification from attorney • High School + 3 years experience + certification from attorney (prior to 2003)

9. A Paralegal Cannot: (1) Provide legal advice. (2) Represent a client in court. (3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal. (4) Act as a runner or capper, (5) Engage in conduct that constitutes the unlawful practice of law. (6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services. (7) Induce client investments (8) Set client fees

10. What a Paralegal Cannot Do A legal assistant/paralegal cannot • (1) Provide legal advice. • (2) Represent a client in court. • (3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal. • (4) Act as a runner or capper, as defined in Sections 6151 and 6152. • (5) Engage in conduct that constitutes the unlawful practice of law. • (6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services. • (7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived. • (8) Establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal’s work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity as provided in subdivision (a). B and P 6450

11. What Paralegals Do • Conduct client interviews and maintain general contact with the client, • Locate and interview witnesses. • Conduct investigations and statistical and documentary research. • Conduct legal research. • Draft legal documents, correspondence and pleadings. • Summarize depositions, interrogatories and testimony.

12. What Paralegals Do, cont. • Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney. • Author and sign correspondence provided the legal assistant status is clearly indicated and the correspondence does not contain independent legal opinions or legal advice.

13. Job Opportunities • Private Law Firms • Courts • Corporations • Insurance Companies • Governmental Offices • Administrative Agencies • Bank trust departments • Technology (i.e. e-discovery/ case management software companies, etc.

14. Paralegal Surveys (including salary) • Both NFPA and NALA have salary information on their websites: • http://www.nala.org/survey.aspx http://www.roberthalf.com/legal/free-resources

15. National Exams • All voluntary • C.L.A.—NALA • PACE--NFPA

16. PACE • The Paralegal Advanced Competency Exam (PACE) eligibility criteria includes a Bachelor's degree and completion of a paralegal program within an institutionally accredited school and two years' experience as a paralegal. While NFPA recognizes distance education as a viable alternative for some courses, provided certain criteria are in place, PACE does not accept paralegal programs delivered entirely on-line.

17. C.L.A. To be eligible for the CLA examination, a legal assistant must meet one of the following alternate requirements: • 1. Graduation from a legal assistant program that is: • Approved by the American Bar Association; or • An associate degree program; or • A post-baccalaureate certificate program in legal assistant studies; or • A bachelor's degree program in legal assistant studies; or • A legal assistant program which consists of a minimum of 60 semester hours (900 clock hours or 225 quarter hours) of which at least 15 semester hours (225 clock hours or 22.5 quarter hours) are substantive legal courses.

18. CLA cont. • 2. A bachelor's degree in any field plus one year's experience as a legal assistant. Successful completion of at least 15 semester hours (or 22.5 quarter hours or 225 clock hours) of substantive legal courses will be considered equivalent to one year's experience as a legal assistant. • 3. A high school diploma or equivalent plus seven (7) year's experience as a legal assistant under the supervision of a member of the Bar, plus evidence of a minimum of twenty (20) hours of continuing legal education credit to have been completed within a two (2) year period prior to the examination date.

19. Mandatory C. L. E. • 4 hours of continuing legal education in ethics every three years • 4 hours of continuing legal education in general law classes every two years • Offered through legal M.C.L.E. providers

20. States are starting to regulate the paralegal profession As the need for legal services intensifies As the law becomes more complex An increasing number of states have seen the need to regulate the paralegal profession

21. Regulation by the courts If your state has paralegal regulation laws, they set forth how paralegals will be regulated If your state does not have paralegal regulation laws, a court will “regulate” (i.e. make rules about and punish) paralegals

22. Paralegal and EthicsResources • http://www.caparalegal.org/ • Paralegal Profession • http://leginfo.legislature.ca.gov/ • California Codes • www.calbar.ca.gov • Legal Ethical Rules